THE BILKIS BANO CASE BRIEF
The Supreme Court overturned the life sentences of eleven convicted people who had been charged with many killings, including gang rapes, the 2002 Gujarat riots, and the murder of Bilkis Bano, in a much-awaited decision that was issued early on Monday, January 8, 2024.
The court found that because the trial in the bilkis bano case had taken place in the State of Maharashtra, the Gujarati government was not deemed the “appropriate government” to make judgments regarding remission. Given the discovery of the Gujarat government’s incompetence, the remission orders were declared void. As a result, the court ordered the prisoners, who had been given early release in August 2022, to report to prison two weeks later.
bilkisbano case brief
bilkisbano case History:
- As per the bilkisbano case brief, the victim, Bilkis Bano, decided to flee the neighbourhood together with her entire family because she was afraid of finding herself in a situation like this.
- She was twenty-one years old and five months pregnant at the time.
- Seven of her family members were killed by the inmates in addition to being sexually raped.
- This horrific incident showed again how crimes against women are becoming more common in India.
Bilkis bano judgment
- As per the bilkis bano judgment, after being found guilty, 11 of the defendants who were involved in the gang rape received life sentences.
- This decision was made by the division bench. KM Joseph and BV Nagarathna were the judges of the Supreme Court sitting in judgment.
- In the bilkis bano judgment, the court was forced to impose harsh penalties on them due to the “horrendous” nature of the crimes they committed.
bilkisbano case: Aftermath of the Case Verdict
- Since their sentences totalled 14 years, all of the inmates obtained remission, and on August 15, 2022, they were released from custody.
- The release of the inmates on the day of independence sparked a global outcry against the government’s decision, drawing criticism from opposition parties, journalists, activists, and a host of other people.
- The rationale for the prisoners’ release was their “good conduct”. The 1992 remission policy was followed when they were released from custody.
Bilkis bano case brief: the latest Supreme Court Judgment
According to recent news about Bilkis Bano, the Supreme Court emphasized that:
- The Central Bureau of Investigation (CBI) investigated the Bilkis Bano trial case after it was transferred from Gujarat to Mumbai. A special court in Mumbai sentenced the eleven convicted individuals to life in prison in 2008.
- The Gujarat government was requested to consider remission by the defendants in the case, who concealed relevant material and made false allegations in court. They filed a writ petition.
- The Supreme Court declared the Gujarati government unfit for allowing the remission of 11 life sentences to people convicted of gang raping Bilkis Bano and killing her family members during the 2002 Gujarati riots.
- The Supreme Court held that the Gujarati government was not authorized to decide on the remission. The Supreme Court said that the state government needs to take remission into consideration because the trial took place in Maharashtra.
- By taking and misusing power that was not given to it, the Gujarati government has broken the law. That’s another reason to cancel the remission orders.
Decision by the Supreme Court:According to breaking news on Bilkis Bano, a two-judge Supreme Court panel rejected the Gujarat government’s August 2022 decision to grant remission to 11 convicts in the case of Bilkis Bano’s gang rape and the murder of seven of her family members in the 2002 Gujarat riots.
Bilkis Bano Case Brief of Important Events
- On February 28, 2002, riots occurred in Gujarat.
- On March 3, 2002, Bilkis Bano was sexually assaulted, and members of her family were murdered by the mob.
- On March 4, 2002, a police report was filed.
- The case was admitted by the High Court in February 2003.
- The Supreme Court gave the CBI an order to investigate the case in December 2003.
- On January 21, 2008, 11 defendants were found guilty of rape and sentenced to life in prison.
- The Gujarat government was directed by the Supreme Court on April 23, 2019, to pay ₹50 lakh to Bilkis Bano.
- One of the inmates filed an appeal with the Supreme Court in May 2022, stating that they had served more than fifteen years in prison. In an appeal that he had filed, he therefore requested that the Apex Court free him.
- On August 15, 2022, all of the prisoners associated with this case were released from custody in compliance with the 1992 remission policy.
- On November 30, 2022, Bilkis Bano challenged the Gujarati court’s decision to remit.
- The SC informed the parties of Bilkis Bano’s plea for remission on March 27, 2023.
- On January 8, 2024, the Supreme Court reversed the Gujarati government’s decision to grant pardons to eleven inmates.
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